The subject of this master thesis is the review and analysis of the chilling effect of state action in the jurisprudence of the European Court of Human Rights and Slovenian Constitutional Court. The consequences of the chilling effect affect primarily individuals who do not fully exercise their constitutionally protected rights due to their fear of sanctions, and at the same time have a detrimental effect on the entire democratic society, because it inhibits the public dialogue on important social and political issues. The chilling effect is already a well-established concept in the jurisprudence of the European Court of Human Rights, and is referred to by the Slovenian Constitutional Court, as well. The master thesis shows that the chilling effect plays an important role in judgement, especially during the recent rise of authoritarian tendencies in Europe. The review and analysis of the Slovenian Constitutional Court, which is not extensive compared to the case law of European Court of Human Rights, shows that the Constitutional Court is still reluctant to use the chilling effect. Master thesis concludes that, for now, the potential of recognizing the chilling effect as an important argument for the protection of constitutional rights and freedoms is still weakened compared to the one developed in the decisions of the European Court of Human Rights.
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